Patna High Court
Sukhari Chaudhary @ Sukhari ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to regular bail and the bail application is allowed.
Summary
The petitioner, Sukhari Chaudhary, was arrested in connection with a narcotics case (Hajipur Town PS Case No. 1294 of 2025) under Sections 8(c), 21(b), 22 and 29 of the NDPS Act. The police, acting on secret information, raided the house of co‑accused Vimal Kumar Mahto and recovered 16.10 grams of a heroin‑like substance from a plastic tent on the roof. The petitioner contended that no contraband was found on his person or premises and that he was falsely implicated, noting that the co‑accused had already been granted bail and that he had no prior criminal record. The State opposed the bail application. After considering the facts and the submissions, the Court held that the petitioner was entitled to regular bail and ordered his release upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the recovery of narcotics from the co‑accused’s premises.
- Whether the petitioner’s continued judicial custody is justified in the absence of any material recovered from him.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 29, 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- narcotics
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15440 of 2026
Arising Out of PS. Case No.-1294 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Sukhari Chaudhary @ Sukhari Choudhary, aged about 32 years, male, son of
late Rajendra Chaudhary, Resident of village- Konhara, Near I.T.I. College,
PS Town Hajipur, Dist. Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Advocate
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Hajipur Town P. S. Case No. 1294 of 2025 dated 21.10.2025,
registered under Sections 8(c), 21(b), 22 and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that on the basis
of secret information the police conducted a raid at the house of
co-accused Vimal Kumar Mahto @ Bantha and recovered 16.10
grams of heroin-like substance kept in three separate plastic
packets from inside a plastic tent constructed on the roof of the
house.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. Further submission is that no incriminating article
Patna High Court CR. MISC. No.15440 of 2026(2) dt.12-03-2026
2/2
has been recovered from the possession of the petitioner. Rather,
the alleged contraband was recovered from inside a plastic tent
constructed on the roof of the house of co-accused Vimal Kumar
Mahto @ Bantha, who has already been granted bail by a
Coordinate Bench of this Court vide order dated 28.01.2026
passed in Cr. Misc. No. 3494 of 2026 (Annexure P/2). Lastly,
the petitioner is in judicial custody since 22.10.2025 and has no
criminal antecedents.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Principal District and
Sessions Judge, Vaishali at Hajipur, in connection with Hajipur
Town P.S. Case No. 1294 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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